Hughes v. Cummings

The controlling question presented by this record is, whether the district court had the power, in a collateral proceeding, to pass upon the validity of an order made by the county judge, reinstating a certain cause upon the docket of the county court.

If the district court did not possess such power, it is immaterial, so far as the present action is concerned, whether the action of the county judge was erroneous or otherwise; for if erroneous, the error can only be corrected in a direct proceeding.

This is an action upon an appeal bond, executed by the defendants in error to perfect an appeal…